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Patna High CourtCR. MISC./1997/2018bail granted

Arjun Manton And ORS v. The State Of Bihar

2018-01-16Mr. Justice Dinesh Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1997 of 2018 Arising Out of PS. Case No.-484 Year-2015 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ======================================================

1. Arjun Manton, Son of Late Sahdeo Mahton,

2. Ram Bilas Singh, Son of Late Medo Singh.

3. Umesh Singh @ Umesh Mahton, Son of Arjun Mahton.

4. Heera Prasad Singh, Son of Arjun Mahton

5. Manoj Singh, Son of Udgar Singh.

6. Arun Singh, Son of Udgar Singh.

7. Pankaj Singh, Son of Ram Chandra Singh,

8. Jitendra Sharma, Son of Late Ram Deo Sharma, All Residents of Village Lakho, P.S. Muffasil, DistrictBegusarai. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sandip Kumar Gautam, Adv.

For the Opposite Party/s :

Mr. J. N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-01-2018 Heard learned Counsels for the petitioners and learned APP for the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147/148/149/341/323/504/427/308 of the Indian Penal Code. Prosecution case as per the written report of Surendra Mahton submitted to the Officer In-charge, Lakho O.P. Muffasil P.S. is to the effect that on 28.11.2015 at 2.30 P.M., the FIR

Patna High Court Cr.Misc. No.1997 of 2018(2) dt.16-01-2018 2/3 named accused persons including the petitioners came variously armed and damaged six feet boundary wall of the informant. On protest being made, they abused and assaulted him. As a result, the informant suffered loss of Rs.50,000/-.

It is submitted by learned counsel for the petitioners that the petitioners are neighbors of the informant and there is dispute with regard to width of the approach road. In paragraph no.8 of the application it is mentioned that none have received any injuries. The accusation is omnibus and general. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent. It is submitted by Mr. J. N. Thakur, learned APP for the State that the petitioners are named in the FIR. Considering the nature of accusation when none have received any injuries and accusation being omnibus and general coupled with statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial

Patna High Court Cr.Misc. No.1997 of 2018(2) dt.16-01-2018 3/3 Magistrate, 1st Class, Begusarai, in connection with Muffasil P.S. Case No.484 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T